Partly allowed

Parmananda Goswami and 13 Ors. v. the State of Assam and 4 Ors.

Gauhati HC2 Aug 2022WP(C)/6607/2021

Case brief

AI extract

What is this about?

Writ filed by 14 assistant teachers for grant of one advance increment upon acquiring a B.Ed. degree. The High Court directed respondent authorities to verify eligibility based on service joining date and degree recognition and grant increment if verified, to be completed within four months.

What did the court decide?

Directions to verify petitioner's eligibility and grant one advance increment if claim is found correct within four months.

Parmananda Goswami and 13 Ors. Vs the State… — Pension and Retirement Benefits | Gauhati HC (2022)

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GAHC010183702021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/6607/2021

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PARMANANDA GOSWAMI AND 13 ORS

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ASSTT. TEACHER, S/O LATE ADHAN CHANDRA MAHANTA BAIDYABORI SECONDARY SCHOOL, P.O. DIGHALBORI, P.S. MORIGAON, PIN 782105, DIST. MORIGAON, ASSAM.

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2: SUNIL CHANDRA DEKA ASSTT. TEACHER S/O LATE BAPU RAM DEKA BHURAGAON H.S. SCHOOL P.O. AND P.S. BHURAGAON PIN 782128 DIST. MORIGAON ASSAM.

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3: DHARMESWAR BARMAHELA

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ASSTT. TEACHER S/O LATE LAKHIRAM BARMAHELA LAHARIGHAT H.S. SCHOOL P.O. AND P.S. LAHARIGHAT PIN 782127 DIST. MORIGAON ASSAM.

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4: DIGANTA DEKA ASSTT. TEACHER S/O LATE LUHIT CHANDRA DEKA DONGABORI SECONDARY SCHOOL P.O. SONGABORI P.S. JAGIROAD DIST. MORIGAON PIN 782410, ASSAM.

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5: BIPUL KONWAR ASSTT. TEACHER S/O LATE AMRIT SINGH

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NAGABANDHA SECONDARY SCHOOL P.O. NAGABANDHA P.S. BORCHALA PIN 782127 DIST. MORIGAON, ASSAM. 6: SAHAZUDDIN AHMED ASSTT. TEACHER S/O LATE ABED ALI MORIGAON GIRLS H.S. SCHOOL P.O.AND P.S. MORIGAON PIN 782105, DIST. MORIGAON ASSAM. 7: AMIYA KUMAR BORA ASSTT. TEACHER S/O LATE LAHAR BORA MORIGAON GIRLS H.S. SCHOOL P.O. AND P.S. MORIGAON PIN 782105 DIST. MORIGAON, ASSAM. 8: NABIN CHANDRA KONWAR ASSTT. TEACHER S/O LATE DIGHOLA KONWAR MORIGAON GIRLS H.S. SCHOOL P.O. AND P.S. MORIGAON PIN 782105 DIST. MORIGAON ASSAM. 9: RAJIB LOCHAN DAS ASSTT. TEACHER S/O LATE KAMAL DAS JALUGUTI H.S. SCHOOL P.O. AND P.S. JALUGUTI PIN 782104 DIST. MORIGAON ASSAM. 10: HARI PRASAD DEKA S/O LATE UTTAR SINGHA DEKA BAGHARA SECONDARY SCHOOL P.O. BAGHARA P.S. MORIGAON DIST. MORIGAON PIN 782105, ASSAM.

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11: DIBYAJYOTI NATH ASSTT. TEACHER S/O JNANENDRA KUMAR NATH RANGADARIA HIGHER SECONDARY SCHOOL P.O. HABIBARANGABARI P.S. MIKIRBHETA PIN782106 DIST. MORIGAON, ASSAM. 12: HASAN SHAHNAJI ASSTT. TEACHER S/O DR. ABDUL WAHAB RANGADARIA HIGHER SECONDARY SCHOOL P.O. HABIBARANGABARI P.S. MIKIRBHETA PIN 782106 DIST. MORIGAON ASSAM. 13: JITUMONI BORDOLOI ASSTT. TEACHER. S/O LAE BIREN BORDOLOI MORIGAON COLLEGIATE H.S. SCHOOL JYOTINAGAR WARD NO. 8 P.O. AND P.S. MORIGAON PIN 782105 DIST. MORIGAON ASSAM. 14: DIPEN DEWRI ASSTT. TEACHER S/O TIPEN DEWRI DHARAMTUL SECONDARY SCHOOL P.O. DHARAMTUL PIN 782105 DIST. MORIGAON ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECY TO THE GOVT. OF ASSAM, SECONDARY EDUCATION DEPTT., DISPUR, GUWAHATI 781006 2:THE ADDL. CHIEF SECY. TO THE GOVT. OF ASSAM SECONDARY EDUCATION DEPTT. DISPUR GUWAHATI 781006 3:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM

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FINANCE DEPTT. DISPUR GUWAHATI 781006

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4:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 781019

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5:THE INSPECTOR OF SCHOOLS MORIGAON PIN 78210

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Advocate for the Petitioner : MR D K ROY

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Advocate for the Respondent : SC, SEC. EDU.

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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nd 2 August, 2022

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Heard Mr. D.K. Roy, learned counsel for the petitioner. Also heard Mr. U. Sarma, learned standing counsel, Secondary Education Department, for respondent Nos. 1, 2, 4 and 5.

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By this writ petition, the 14 petitioners are claiming for grant of one advance increment on acquiring B.Ed. degree from UGC recognized University.

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It is the case of the petitioners that the State Government had taken a policy decision to grant one advance increment on acquiring B.Ed. degree from UGC recognized University which is evident by the letter dated 28-01-2019, written by the Director of Secondary Education, Assam, wherein it is mentioned that all Assistant Teachers are eligible to get one advance increment upon acquiring B.Ed. degree from UGC recognized University, provided that he/she had joined service prior to 03-07-2012.

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The further case of the petitioners is that they have joined services prior to 03-07-2012 and had obtained their B.Ed. degree from UGC recognized University and, therefore, they are entitled to one advance increment.

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Mr. U. Sarma, learned standing counsel, Secondary Education Department, on the other hand, submits that a verification is required to be done as to whether the petitioner had joined service prior to 03-07-2012 and also whether they had obtained B.Ed. degree from UGC recognized University and also whether the claim of the petitioners are valid or not.

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After hearing the learned counsel for the parties and on perusal of the materials available on record, the present writ petition is disposed of directing the respondent authorities, particularly, the Director, Secondary Education Department/ respondent No. 4 to verify the claim of the petitioners as to whether they had joined their services prior to 03-07-2012 and that they have obtained B.Ed. degree from UGC recognized University. After verification, if the claim of the petitioners is found to be correct, the petitioners should be granted one advance increment, which exercise shall be undertaken by the respondents within a period of four months from the date of receipt of a copy of this order.

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With the above observations and directions this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Parmananda Goswami and 13 Ors. v. the State of Assam and 4 Ors.

Case brief

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Parmananda Goswami and 13 Ors. v. the State of Assam and 4 Ors.

Case brief

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